President H. M. Persinger Jr., called the meeting of the West Virginia Board of Education to order at 1:02 p.m. on February 19, 2003, in the Board Conference Room, Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

Upon motion by Sandra M. Chapman, second by Delores W. Cook, the State Board unanimously approved the agenda.

IV. West Virginia Jump$tart Coalition Project

Justin Southern, with the West Virginia Auditor's Office, presented the West Virginia Jump$tart Coalition Project for the State Board's consideration. State Auditor Glen B. Gainer, II, is an advocate of educating West Virginia citizens regarding personal financial management, making informed financial decisions, and avoiding and/or reporting fraudulent investment schemes. In order to accomplish these objectives, the Jump$tart Coalition, through the State Auditor's Office, appeared to inform the State Board regarding the availability of supplemental curriculum materials for teachers and a scheduled finance academy to prepare teachers to conduct classroom discussions and activities related to personal finance.

President Persinger, with the common consent of the State Board, referred this matter to State Superintendent Stewart for further investigation and to provide a recommendation to the State Board. (Copy appended to Official Minutes, Attachment B.)

V. Civil Rights Team Project

Tony Smedley, on behalf of the Civil Rights Team Project committee, which consisted of Barbara N. Fish (Chair), Paul J. Morris, and Karen Larry, provided copies and presented the mutually agreed upon report and recommendations.

Discussion ensued following the report during which President Persinger suggested, and Barbara N. Fish concurred, that recommendation three should be modified in that the materials should be approved by the county school superintendent and not the State Superintendent of Schools.

Lloyd G. Jackson II suggested, and Priscilla M. Haden concurred, that there was the need for a statewide policy for the introduction of outside programs into multiple public schools. Discussion ensued regarding past meetings at which the merit of such a policy was discussed. State Superintendent Stewart indicated that such a policy could be developed over the next couple of months for discussion, action and implementation prior to the beginning of the next school year.

Upon motion by Barbara N. Fish, second by Paul J. Morris, the State Board unanimously approved the six recommendations, with the suggested amendment at recommendation three granting the county superintendent the authority to approve materials. (Copy appended to Official Minutes, Attachment C.) Special note: Chancellor Mullen joined the meeting prior to the vote on this issue.

VI. Break

President Persinger called for a break at 2:37 p.m.

VII.Call to Order

President Persinger called the meeting back to order at 2:47 p.m.

VIII. Coordinated and Thematic Science (CATS) and

Science Content Standards and Objectives

Dr. Pamela S. Cain, Assistant State Superintendent, introduced Doug Cross, Coordinator, Science, Division of Instructional and Student Services, who distributed a copy and provided a PowerPoint presentation regarding Project CATS. Discussion ensued regarding the pros and cons of CATS and the need for a seamless curriculum.

Moving to the science content standards and objectives, Dr. Cain introduced Deborah Brown, Executive Director, Office of Instructional Services, who distributed and provided a historical overview (from April 2001 to the present) of the curriculum refinement process for science.

Science teachers Jody Cunningham (Attachments-3), Wood County, Kathy Jacquez, Marion County, and Mark Lynch, Lewis County, were introduced and also participated in the CATS and science curriculum discussions.

President Persinger, with the common consent of the State Board, set time limits and specific rules of discussion for the proposed science standards and objectives.

IX. Break

President Persinger called for a break at 4:15 p.m.

X.Call to Order

President Persinger called the meeting back to order at 4:25 p.m.

XI. Coordinated and Thematic Science (CATS) and

Science Content Standards and Objectives (Continued)

President Persinger stated that the science standards, as presented, were being presented for the State Board's approval and asked Rebecca Tinder, General Counsel to the State Board and the State Department, whether the science standards comported with the Establishment Clause and Free Exercise Clause of the First Amendment to the Constitution. Ms. Tinder responded in the affirmative. President Persinger then asked if the science standards allowed teachers to teach Darwin's theory of evolution. He also asked if the science standards allowed teachers to present scientific evidence in opposition to the theory of evolution. Ms. Brown responded in the affirmative. President Persinger then yielded the remainder of his time to Mr. Calvert. Mr. Calvert took the floor in support of the inclusion of the intelligent design theory in the West Virginia content standards and objectives for science.

Paul J. Morris asked if the new science assessments would be affected by the inclusion of the intelligent design theory. Ms. Brown and Dr. Barth responded in the affirmative. Mr. Morris also asked of the science teachers if the position they espoused was personal or as representative of their affiliate organizations. The response was as representatives of affiliate organizations.

Lloyd G. Jackson II and Ronald B. Spencer yielded their five minutes to Mr. Calvert to finish his presentation.

Priscilla M. Haden thanked all the science educators for their years of hard work and Mr. Calvert for his time and effort and asked the science teachers if the additional introductory statement met with their approval. Mr. Lynch responded it could remain or be withdrawn; the statement in question was not necessary.

Sandra M. Chapman also requested clarification regarding additions to the content standards beyond the introductory statement and the increase in descriptors from three to five. The response was that no other additions had occurred. Ms. Chapman also asked if the introductory statement had been approved by the science teachers. Jody Cunningham responded in the negative and indicated that she voted against the addition, however it was the general consensus of the 17 member committee to add the statement. Doug Cross indicated that the theme is pervasive throughout the standards and the statement was not necessary.

State Superintendent Stewart stated that the paragraph in question was unnecessary.

Chancellor J. Michael Mullen agreed that the paragraph in question was not necessary and suggested that the science content standards and objectives be moved to the Consent Agenda for action at the Thursday meeting.

Barbara N. Fish read a proposed objective regarding the method of approaching and preforming research and asked for input regarding the proposed objective. Mr. Lynch responded that the issues brought forth in the objective were already addressed in the current standards and the objective was not necessary.

Delores W. Cook and State Superintendent Stewart waived their time to speak.

President Persinger, with the common consent of the State Board, directed the State Department to bring Policy 2520.3, Science Content Standards and Objectives for West Virginia Schools, to the State Board for action on Thursday with and without the newly added paragraph. (Copies appended to Official Minutes, Attachment D.)

XII. No Child Left Behind Update

Dr. Pamela S. Cain provided the State Board an update, and submitted a news release dated February 13, 2003 for the record, regarding the Department's efforts to achieve compliance with the No Child Left Behind (NCLB) legislation and the results of the recent peer review. Dr. Cain reported that within two or three weeks the State Department would be notified if the accountability plan would be accepted. State Superintendent Stewart stated that much of what West Virginia had been doing was already in motion prior to NCLB and indicated that future reports would be provided during Wednesday work sessions unless immediate attention/action is required. Special note: Chancellor Mullen departed the meeting during this presentation. (Copy appended to Official Minutes, Attachment E.)

XIII.Legal and/or Personnel Matters

As the presiding officer, President Persinger informed the members that he had identified various matters that needed to be discussed in Executive Session involving attorney-client privilege, citing W.Va. Code 6-9A-3, and personnel, citing W.Va. Code 6-9A-4(b)(2)(A).

Upon motion by Priscilla M. Haden, second by Paul J. Morris, and unanimously carried, the State Board entered into Executive Session at 5:30 p.m.

XIV. Return from Executive Session

The State Board returned from Executive Session at 6:09 p.m. at which time President Persinger announced no action was taken and no decisions were made.

XV. Future Meetings

The next regular meeting of the State Board will be held February 20, 2003in Capitol Building 6, Room 353, 1900 Kanawha Boulevard, East, Charleston, West Virginia.

XVI. Adjournment

Upon motion by Barbara N. Fish, second by Paul J. Morris, and unanimously carried, the State Board adjourned at 6:12 p.m.